Can a Lawyer Help With a Partner Visa If My Visa Has Expired?

Can I apply for a partner visa after my visa has expired?

A person whose visa has expired can generally still 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. Being unlawful does not by itself make the application invalid. It does mean the person must meet additional criteria. Our page on the Subclass 820 visa describes the criteria an onshore applicant must meet.

What extra criteria apply after my visa expired?

The extra criteria that apply after a visa expires are the Schedule 3 criteria, which deal with applicants who do not hold a substantive visa when they apply. Some are met if the application is made soon after the last substantive visa ended and the applicant's circumstances fit the criteria. Otherwise, the applicant needs the Department to waive them for compelling reasons. Departmental policy says a genuine relationship and the hardship of separation are generally not compelling reasons on their own. Our articles on Schedule 3 criteria and the partner visa after overstaying explain the test.

What should I do first if my visa has expired?

The first thing to do after a visa expires is to get advice on regularising status, because an unlawful non-citizen can be detained and removed. A person may be able to obtain a Bridging visa E while arrangements are made, and a valid partner visa application can support a further Bridging visa E. Our article on the partner visa on a Bridging visa E explains how this works and what conditions can apply.

Does it matter how long I have been unlawful?

How long a person has been unlawful matters, because time affects whether the Schedule 3 criteria can be met without a waiver and how the Department views the applicant's immigration history. A longer period usually means the case relies on a compelling reasons waiver, supported by strong evidence. Factors such as Australian children, a sponsor's serious illness or circumstances outside the applicant's control can be relevant, and each must be shown with documents rather than simply stated. Our Schedule 3 waivers page explains how waivers are argued.

What if a visa was also refused or cancelled?

If a visa was also refused or cancelled since the person last entered Australia, section 48 applies as well as Schedule 3. The Subclass 820 generally remains available if the additional requirements are met, but the application must be prepared with both rules in mind, and a character refusal or cancellation raises different issues again. Our article on the partner visa section 48 bar explains the overlap.

How does My Migration Lawyers help when a visa has expired?

My Migration Lawyers starts by establishing the exact date the last substantive visa ended and any refusals or cancellations since entry, because those dates shape every later step. The firm advises on a bridging visa, prepares the Subclass 820 application with a Schedule 3 submission supported by evidence of the couple's circumstances, and makes sure the explanation for the overstay is accurate and consistent. People in this position can contact our partner visa lawyers without delay.