Can I Get a Partner Visa If I Hold a TPV or SHEV?

Why can most TPV and SHEV holders not lodge a partner visa?

Most TPV and SHEV holders cannot lodge a partner visa because they arrived in Australia by sea without a visa and are therefore unauthorised maritime arrivals under the Migration Act. Section 46A prevents an unauthorised maritime arrival who holds a TPV or SHEV from making a valid application for any visa while in Australia, including a Subclass 820. An application lodged despite the bar is invalid. Our article on complex partner visa applications explains how barred cases are assessed.

Can the Minister lift the bar so I can apply for a partner visa?

The Minister can lift the section 46A bar to allow an unauthorised maritime arrival to apply for a specific class of visa, but only personally and only where the Minister thinks it is in the public interest. The Minister is not required to consider a request, and the process is discretionary and uncertain. A request is therefore usually considered only where no other pathway is available. Our guide to the onshore partner visa explains what the Subclass 820 requires if the bar is lifted.

Is the Resolution of Status visa a better pathway?

The Resolution of Status visa is often a better pathway, because it is a permanent visa designed for people who hold or applied for a TPV or SHEV. A person granted the Subclass 851 becomes an Australian permanent resident, and a permanent resident can sponsor a partner. Where the partner is already in Australia on another visa, or overseas, the sponsorship then follows the ordinary partner visa rules. Our article on the Subclass 820 visa explains those rules.

Can my partner sponsor me while I hold a TPV or SHEV?

An Australian partner can intend to sponsor a TPV or SHEV holder, but the section 46A bar still prevents the holder from lodging an onshore partner visa unless the bar is lifted. The sponsor's commitment and the relationship evidence remain important, because they will support whichever application is eventually made. Couples should keep building evidence of their shared life in the meantime. Our article on partner visa relationship evidence explains what to keep.

Should I travel overseas to apply for a partner visa?

A TPV or SHEV holder should not travel overseas to apply for a partner visa without advice, because travel by these visa holders is restricted and departure may affect the visa held and any future return. An offshore Subclass 309 application also requires the applicant to meet every criterion, including character and special return criteria. The risks of leaving usually outweigh the benefits while other options exist. The firm's page on the Subclass 309 visa explains the offshore pathway for comparison.

How does My Migration Lawyers advise TPV and SHEV holders with Australian partners?

My Migration Lawyers checks the client's arrival history, current visa and any Resolution of Status application first, because those facts decide whether a partner visa is possible now or only later. The firm then maps a sequence of steps, from the permanent visa through to partner sponsorship where appropriate, and prepares the relationship evidence so it is ready when the time comes. Couples can speak with our partner visa lawyers about the order of steps.