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

Can a student visa holder apply for a partner visa in Australia?

A student visa holder can apply for a partner visa in Australia if the student visa allows a further application and the couple meets the relationship and sponsor requirements. The application is for the Subclass 820 visa and the permanent Subclass 801, lodged together online. Our guide to the onshore partner visa sets out each lodgement step for applicants already in Australia.

Which student visa conditions can stop a partner visa application?

The student visa conditions that can stop a partner visa application are the no further stay conditions, such as condition 8534 and condition 8535, which restrict the visas the holder can be granted while in Australia. The grant notice and VEVO record show whether a condition applies. A waiver may be possible in limited circumstances. Our article on partner visa no further stay conditions explains how these conditions work.

Does the student visa continue after the partner visa is lodged?

The student visa continues after the partner visa is lodged, and its conditions, including enrolment, attendance and work limits, still apply until it ends. A breach of student visa conditions can lead to cancellation, which creates serious problems for the partner visa. The bridging visa granted with the partner visa comes into effect only when the student visa ends, as our article on the Bridging visa A explains.

Can a student keep studying after lodging a partner visa?

A student can usually keep studying after lodging a partner visa, both while the student visa remains in effect and, in most cases, on the bridging visa that follows. The applicant should still check the bridging visa grant notice for any condition that affects study or work. Our article on bridging visa work rights explains the conditions of the bridging visa.

Will the Department question a relationship that started on a student visa?

The Department will assess a relationship that started on a student visa in the same way as any other relationship, but timing can attract closer attention where the student visa is close to ending. Strong evidence across all four aspects answers that concern. Our article on partner visa relationship evidence explains what is needed, and our article on the de facto partner visa explains the 12-month rule.

What if the student visa has already ended?

If the student visa has already ended, the applicant no longer holds a substantive visa and the Schedule 3 criteria may apply. The applicant may need to show compelling reasons, as our page on Schedule 3 waivers explains. Acting before the student visa ends avoids this problem in most cases.

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

My Migration Lawyers helps students apply for a partner visa by checking the student visa conditions and expiry date first, then planning lodgement before the student visa ends and after the relationship requirements are met. The firm prepares the evidence so the relationship is presented clearly from the start, and explains the student's obligations during the transition. Students can speak with our partner visa lawyers, led by Principal Lawyer Weiwei Zhang, who can consult in Mandarin.