Can a Lawyer Help With a Partner Visa While on a Working Holiday Visa?

Can I apply for a partner visa on a working holiday visa?

An applicant can apply for a partner visa on a working holiday visa if they are in Australia and in a genuine married or de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The application is for the Subclass 820 and Subclass 801 together. Lodging while the working holiday visa is still in effect keeps the application simpler. Our article on the onshore partner visa explains the pathway.

What is the main problem for working holiday makers applying for a partner visa?

The main problem for working holiday makers applying for a partner visa is the length of the relationship. Many couples meet during the working holiday and have not yet lived together for 12 months when the visa is about to end. Registering the relationship under a state or territory register removes the 12-month requirement for de facto couples, as explained in our article on the de facto partner visa. Not every state or territory has a register, so the couple's location also matters. Registration itself takes time to process, which is another reason to start planning well before the working holiday visa ends. Marriage is a further option for couples who are ready for it, and the marriage must be valid under Australian law.

Does a short relationship mean the partner visa will be refused?

A short relationship does not by itself mean a partner visa will be refused, but the evidence has to show a genuine and continuing relationship with a mutual commitment to a shared life. Couples who moved quickly, travelled together or changed addresses often need careful explanation. Our article on the partner visa with a short relationship explains how the Department looks at these cases.

Can I keep working after I lodge the partner visa?

Work after lodging a partner visa depends first on the conditions of the working holiday visa while it remains in effect, and then on the conditions of the bridging visa granted with the partner visa application. Once the bridging visa takes over, its own conditions apply, and these are shown on the grant notice and in VEVO. Our article on bridging visa work rights explains how to check them.

What evidence do working holiday makers usually lack?

Working holiday makers usually lack evidence of the household and finances, because they often live in shared houses, move between regional jobs and keep separate bank accounts. That evidence can still be built from rental records, travel bookings, messages, photographs and Form 888 statements from people who know the couple. Our articles on partner visa evidence with separate finances and Form 888 witness statements explain how.

How does My Migration Lawyers help working holiday makers with a partner visa?

My Migration Lawyers sets a lodgement plan around the working holiday visa expiry date, advises whether registration or marriage is needed in time, and turns scattered travel and work records into a clear relationship history. The firm prepares the Subclass 820 application and Form 888 statements, then manages requests from the Department to decision. Couples can read more about the Subclass 820 visa or speak with our partner visa lawyers.