Can I Apply for a Partner Visa If My Visa Has Expired?

Can I lodge an onshore partner visa after my visa has expired?

An onshore Subclass 820 partner visa can be lodged after the applicant's visa has expired, because the application is not restricted to people who hold a substantive visa. The applicant must be in Australia when applying and when the visa is granted. The difference is that an applicant without a substantive visa faces the additional Schedule 3 criteria. Our page on the Subclass 820 visa explains the onshore pathway.

What is Schedule 3 and why does it matter after my visa expires?

Schedule 3 is a set of additional criteria in the Migration Regulations for onshore applicants who do not hold a substantive visa when they apply. The criteria look at how the applicant became unlawful, how long ago, and whether the applicant would have been granted a substantive visa had they applied earlier. An applicant who lodges soon after the visa expires is in a much stronger position than one who waits. Our article on Schedule 3 criteria for partner visas explains each criterion.

Can Schedule 3 be waived for a partner visa?

Schedule 3 can be waived for a partner visa where there are compelling reasons, which the Department assesses at the time of decision. Departmental policy treats a genuine relationship and the hardship of separation as generally not enough on their own. Factors that may be relevant include Australian citizen children, serious illness and circumstances beyond the applicant's control. Our page on Schedule 3 waivers and our article on a Schedule 3 waiver submission explain how a waiver case is built.

Will I get a bridging visa if I apply after my visa expires?

An applicant who lodges a partner visa after their visa expires does not usually receive a Bridging visa A, because that visa is generally linked to applications made while holding a substantive visa. The applicant may need to apply separately for a Bridging visa E to remain lawful while the application is processed. Our article on a partner visa on a Bridging visa E explains the conditions and limits.

Should I leave Australia and apply offshore instead?

Leaving Australia to apply for an offshore Subclass 309 is not always the safer option after a visa expires. A person who was unlawful in Australia and then departs may face an exclusion period that affects later visas, and the couple will usually be separated while the application is processed. The right choice depends on how long the applicant has been unlawful and the strength of any Schedule 3 waiver case. Our article on a partner visa after overstaying compares the options.

How does My Migration Lawyers help when your visa has already expired?

My Migration Lawyers first confirms the applicant's exact visa history, including the date the last visa ended and any refusals or conditions, because the Schedule 3 position depends on those dates. The firm then advises whether to lodge onshore with a Schedule 3 submission or pursue another pathway, and acts quickly where delay would weaken the case. Couples can speak with our partner visa lawyers about their circumstances.