Can I Apply for a Partner Visa If My Passport Has Expired?

Can I lodge a partner visa with an expired passport?

A partner visa can sometimes be lodged while a passport is expired, but it is better to lodge with current passport details or to renew the passport first, because the visa is linked to the passport recorded in the application. Where renewal will take time and a deadline is approaching, for example where the applicant's current visa is about to expire, lodging first and renewing later may be the safer course. Our article on the partner visa online application explains the details ImmiAccount asks for.

Do I need a valid passport for the partner visa to be granted?

A valid passport is needed for the partner visa to be granted, because PIC 4021 is assessed at the time of decision. The Department must be satisfied the applicant holds a current passport issued by an official source, and it usually asks for a copy of the biodata page. If the passport has expired, the applicant should renew it and give the new details before the decision. Our article on partner visa processing delays explains how missing information can slow a decision.

How do I update my passport details with the Department?

An applicant updates passport details with the Department by completing Form 929 and attaching a copy of the new passport, or by using the update function in ImmiAccount where it is available. The new passport must be linked to the application before the visa is granted and before any travel, because the visa record follows the passport details held by the Department. Our article on a partner visa change of circumstances explains other changes that must be notified.

What if I cannot get a new passport from my country?

An applicant who cannot get a new passport from their country may still meet PIC 4021 if it would be unreasonable to require them to hold one. This can arise for people who fear harm from their own government, people who are stateless, or people whose country does not issue passports through any accessible office. The applicant must explain the circumstances and provide evidence. Our article on a partner visa after a protection visa refusal discusses related identity and documentation issues.

Can an expired passport still be used as identity evidence?

An expired passport can still be useful identity evidence, because it helps show the applicant's identity history alongside other documents such as a birth certificate and national identity card. It does not satisfy PIC 4021 at the time of decision, however. Applicants should keep old passports, because the Department may compare the details with earlier visa applications. Inconsistent details can raise concerns under PIC 4020, as our article on partner visa false documents explains.

How does My Migration Lawyers deal with passport problems on a partner visa?

My Migration Lawyers works out whether lodgement should wait for the new passport or go ahead to protect the applicant's visa status, and then manages the Form 929 update so the Department holds the correct details before grant. Where a passport cannot be obtained at all, the firm prepares the submission and evidence that it would be unreasonable to require one. Applicants can read about our Subclass 820 visa work.