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

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

A visitor visa holder can apply for a partner visa in Australia if the visitor visa has no condition 8503, or the condition has been waived, and the couple meets the relationship and sponsor requirements. The application is for the Subclass 820 visa and the permanent Subclass 801. Our article on a partner visa while on a tourist visa explains the steps.

What is condition 8503 and how does it affect a partner visa?

Condition 8503 is a no further stay condition that prevents the visa holder from being granted most substantive visas while in Australia, including the Subclass 820, unless the condition is waived. A waiver needs compelling and compassionate circumstances that developed after the visitor visa was granted, were beyond the holder's control and caused a major change in circumstances. A new relationship alone often does not meet that test. Our article on the partner visa 8503 waiver explains what may qualify.

Does coming to Australia as a tourist and then applying for a partner visa cause problems?

Coming to Australia as a tourist and then applying for a partner visa does not by itself cause problems, but the Department will compare the visitor visa application with the partner visa. If the visitor visa application gave false or misleading answers about the relationship or the purpose of the visit, the integrity criterion may be engaged, as our article on partner visa PIC 4020 explains.

What if the visitor visa ends before the partner visa is lodged?

If the visitor visa ends before the partner visa is lodged, the applicant becomes unlawful and the Schedule 3 criteria will apply. The applicant will need compelling reasons for those criteria not to be applied, as our article on the Schedule 3 criteria explains. Lodging while the visitor visa is still in effect avoids this.

What are the alternatives to applying for a partner visa on a tourist visa?

The alternatives to applying for a partner visa on a tourist visa are to apply offshore for the Subclass 309/100 after leaving Australia, or for an engaged couple to apply for the Subclass 300 visa from outside Australia. These routes avoid the condition 8503 problem but require the applicant to be outside Australia at the relevant times. Our article on moving from a tourist visa to a partner visa compares the options.

Can a person apply for a partner visa after a visitor visa refusal?

A person can apply for a partner visa after a visitor visa refusal, either offshore or, in some cases, onshore, depending on their current visa. The earlier refusal must be disclosed and any concerns from it addressed. Our article on a partner visa after a visitor visa refusal explains how earlier refusals are handled.

How does My Migration Lawyers help visitor visa holders with partner visas?

My Migration Lawyers helps visitor visa holders with partner visas by reading the visitor visa grant notice and the original application first, so the firm knows whether condition 8503 applies and whether anything said to the Department earlier needs to be explained. Where a waiver is realistic, the firm prepares it with evidence. Where it is not, the firm sets out the offshore route. Couples can speak with our partner visa lawyers by video.