Can a Lawyer Help With a Partner Visa on a Bridging Visa E?

Can I apply for a partner visa while on a Bridging visa E?

A person on a Bridging visa E can generally apply for a Subclass 820 partner visa in Australia, provided the application is valid and the person is the sponsor's spouse or de facto partner when it is lodged. The Bridging visa E itself does not prevent the application. What matters is the person's visa history and the criteria that apply to applicants without a substantive visa. Our article on the partner visa on a Bridging visa E explains the pathway.

Why does Schedule 3 matter for Bridging visa E holders?

Schedule 3 matters for Bridging visa E holders because a Bridging visa E is not a substantive visa, so the applicant does not hold a substantive visa at lodgement. The criteria look at how the person came to be without a substantive visa and how long ago the last one ended. Where they cannot be met, the applicant needs a waiver for compelling reasons, and departmental policy says the relationship and the hardship of separation are generally not enough on their own. Our page on Schedule 3 waivers explains the waiver.

What conditions on my Bridging visa E should I check?

The conditions on a Bridging visa E should be checked in the grant notice and VEVO, because they can include requirements to report to the Department, restrictions on work and a requirement to make arrangements to leave Australia. A person who breaches a Bridging visa E condition risks cancellation and detention, which would make the partner visa case much harder. Our article on partner visa bridging visa work rights explains how work conditions operate.

Will I get a new bridging visa after lodging a partner visa?

A person who lodges a valid Subclass 820 application while on a Bridging visa E may be granted a further bridging visa linked to that application, and the Department decides which bridging visa applies and what conditions it carries. The person should keep complying with the existing conditions until a new grant notice is issued. Our article on bridging visas in Australia explains how the different bridging visas work.

What if my Bridging visa E was granted after a refusal?

If the Bridging visa E was granted after a visa refusal or cancellation since the person last entered Australia, section 48 applies, and the person may apply only for the visas prescribed for section 48 cases. The Subclass 820 generally remains available if the additional requirements are met. Our article on the partner visa section 48 bar explains this rule, and our article on Schedule 3 criteria explains the test that usually applies alongside it.

How does My Migration Lawyers act for a Bridging visa E holder?

My Migration Lawyers reviews the Bridging visa E grant notice, the conditions and the full visa history, including any refusals, cancellations and periods without a visa, before advising on lodgement. The firm prepares the Subclass 820 application with a Schedule 3 submission supported by evidence of the couple's circumstances, and makes sure the client keeps complying with reporting and other conditions while the application is processed. Bridging visa E holders can contact our partner visa lawyers for advice.