Can I Apply for a Partner Visa on a Bridging Visa?

Which bridging visa holders can apply for a partner visa?

The bridging visa holders who can apply for a partner visa include holders of a Bridging visa A, B, C or E, provided they are in Australia and have an eligible sponsor. The bridging visa held, and how the person came to hold it, affects the Schedule 3 position and the new bridging visa granted with the application. Our article on a partner visa on a bridging visa explains each scenario.

Why does Schedule 3 apply to bridging visa holders?

Schedule 3 applies to bridging visa holders because the Schedule 3 criteria apply to onshore applicants who do not hold a substantive visa at lodgement, and a bridging visa is not a substantive visa. Depending on the person's history, the Department may require compelling reasons for not applying those criteria. Our page on Schedule 3 waivers explains how compelling reasons are presented, and our article on the Schedule 3 criteria explains each criterion.

Can a person apply for a partner visa after a visa refusal while on a bridging visa?

A person can apply for a partner visa after a visa refusal while on a bridging visa, because the section 48 bar does not stop a Subclass 820 application by a spouse or de facto partner. Section 48 normally prevents most onshore applications after a refusal or cancellation since last entering Australia. Our article on the partner visa section 48 bar explains this exception.

What about a Bridging visa E holder?

A Bridging visa E holder can apply for a partner visa, but usually faces the greatest Schedule 3 difficulty, because a Bridging visa E is often granted to people who were unlawful or whose matters have ended. Evidence of compelling reasons is essential. Our article on a partner visa on a Bridging visa E explains the issues, including the conditions often attached to that visa.

What bridging visa is granted with the partner visa application?

The bridging visa granted with the partner visa application depends on the visa the applicant holds at lodgement. An applicant who holds a substantive visa usually receives a Bridging visa A, while an applicant who already holds a bridging visa may receive a different bridging visa with different travel and work conditions. Our article on bridging visas in Australia explains the types.

What mistakes do bridging visa holders make with partner visas?

The mistakes bridging visa holders make with partner visas include lodging without addressing Schedule 3, travelling without the right bridging visa, and relying only on the relationship as a compelling reason. Our article on partner visa compelling reasons explains how compelling reasons are assessed. An application that is refused under Schedule 3 can be reviewed, but deadlines are short and strictly applied.

How does My Migration Lawyers help bridging visa holders apply for a partner visa?

My Migration Lawyers helps bridging visa holders apply for a partner visa by reconstructing the applicant's full visa history first, because the last substantive visa and the reason it ended decide the Schedule 3 position. The firm then prepares the compelling reasons submission with the application, rather than waiting for the Department to raise it. Applicants can speak with our partner visa lawyers by video, and our page on the Subclass 820 visa explains the onshore application.