Is There a Partner Visa Lawyer in Wollongong?
Key points
- An applicant who holds a substantive visa, such as a student visa, when lodging a Subclass 820 application avoids the Schedule 3 criteria.
- Some student visas carry a no further stay condition, which can prevent a further visa application in Australia unless it is waived.
- De facto couples must generally have been in the relationship for 12 months before applying, unless the relationship is registered or an exception applies (regulation 2.03A).
- NSW keeps a relationships register through the NSW Registry of Births, Deaths and Marriages.
Can a Wollongong student get partner visa advice by video?
A Wollongong student can get partner visa advice by video, because My Migration Lawyers holds consultations online and manages documents by email for clients throughout NSW. Students and their partners can meet the firm around classes and work, and the application is lodged online. Our partner visa lawyers page explains the work the firm does on each application.
Can I switch from a student visa to a partner visa?
A student visa holder can switch to an onshore partner visa if the relationship meets the legal requirements, the sponsor is eligible and no condition on the student visa prevents the application. Lodging while the student visa is still in effect avoids Schedule 3, and a bridging visa is generally granted to keep the applicant lawful once the student visa ends. Our article on the onshore partner visa explains how the onshore pathway works for applicants who arrived as students.
Does a no further stay condition stop a partner visa?
A no further stay condition on a student visa can stop a partner visa application being made in Australia unless the condition is first waived. Not every student visa carries such a condition, so the visa grant notice should be checked. A waiver requires compelling and compassionate circumstances that developed after the visa was granted, beyond the holder's control, and a new relationship alone often does not meet that test. Our article on the partner visa no further stay condition explains the waiver process.
Do I need to keep studying after I lodge?
A student who lodges a partner visa while still holding a student visa remains bound by the student visa conditions until that visa ends, including course attendance and enrolment requirements. Breaching those conditions can lead to cancellation of the student visa, which creates new problems. Students should take advice before withdrawing from a course or reducing study. Our article on partner visa conditions explains which conditions apply at each stage.
What evidence works for student couples?
Evidence that works for student couples shows a shared life even where income is limited, such as a shared lease, joint grocery and utility payments, one partner supporting the other, shared travel and Form 888 statements from people who know the couple. Shared accommodation with housemates is common and can be explained. The couple should show that they share a room or private space as partners, and that housemates and friends recognise them as a couple. Our article on partner visa informal living arrangements covers these cases.
How does My Migration Lawyers guide Wollongong students moving to a partner visa?
My Migration Lawyers guides Wollongong students moving to a partner visa by reading the current visa grant notice for conditions, checking the course and visa end dates and testing the relationship against the 12-month de facto rule before choosing a lodgement date. Where a no further stay condition applies, the firm assesses whether a waiver is realistic and prepares the request. The firm then builds the relationship evidence and explains how the bridging visa will affect study, work and travel. Our page on the Subclass 820 visa covers the onshore pathway in detail.
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