Can a Lawyer Help Me Switch From a Student Visa to a Partner Visa?

What does switching from a student visa to a partner visa involve?

Switching from a student visa to a partner visa involves lodging a combined Subclass 820 and Subclass 801 application in Australia, receiving a Bridging Visa A, and moving onto that bridging visa when the student visa ends. The partner visa does not cancel the student visa. The two run side by side until the student visa expires. Our article on the onshore partner visa explains the onshore pathway.

Can I stop my course once I apply for a partner visa?

A student should not stop a course simply because a partner visa has been lodged, because the student visa conditions on enrolment and attendance continue while the student visa is in effect. A provider may report a student who stops attending, and that can lead to cancellation of the student visa, which may then affect the bridging visa and raise Schedule 3 questions. A lawyer plans the timing so the course end, the student visa expiry and the bridging visa fit together. Our article on partner visa conditions explains the conditions that apply at each stage.

When will my work limits change after switching?

A student's work limits change only when the student visa ends and the Bridging Visa A comes into effect, not on the day the partner visa is lodged. Partner visa bridging visas commonly allow work, but the conditions on VEVO decide the position. Our article on partner visa bridging visa work rights explains the changeover.

What if my student visa ends before I can apply?

Where a student visa ends before the partner visa is lodged, the student may become unlawful, and the partner visa must then meet Schedule 3 or a waiver for compelling reasons. A further student or other visa application lodged only to stay longer can create its own difficulties. The safest switch happens while the student visa is still valid. Our article on Schedule 3 partner visa waivers explains what happens when the switch is late.

Does the relationship have to meet the 12-month rule before switching?

The relationship has to meet the 12-month requirement in regulation 2.03A before switching if the couple is applying as de facto partners, unless the relationship is registered or another exception applies. Married couples do not need to meet the 12-month requirement. Our article on Subclass 820 and the 12-month de facto rule explains the exceptions.

Can earlier student visa applications cause problems?

Earlier student visa applications can cause problems where they gave relationship, family or financial details that do not match the partner visa. The Department compares applications, and unexplained differences can raise PIC 4020 concerns. A lawyer reviews the student history first. Our article on partner visa conflicting statements explains how differences are treated.

How does My Migration Lawyers manage a student visa to partner visa switch?

My Migration Lawyers manages a student visa to partner visa switch by building a dated plan around the course, the student visa expiry and the lodgement, then preparing the Subclass 820 application with evidence that reflects the couple's real life together. The firm can take instructions in Mandarin through Principal Lawyer Weiwei Zhang, and works with both partners by video. Couples can speak with our partner visa lawyers or read about the Subclass 820 visa.