Can a Lawyer Help With a Partner Visa When My Visa Expires Next Week?

Why does lodging before my visa expires matter so much?

Lodging before the visa expires matters because the applicant's status at the moment of lodgement decides which criteria apply. An applicant who still holds a substantive visa avoids the Schedule 3 criteria that apply to people without one, and usually receives a Bridging visa A. One day late can change the case from straightforward to one that depends on a compelling reasons waiver. Our article on Schedule 3 criteria for partner visas explains what lodging late can mean.

Can a partner visa really be prepared in a week?

A valid partner visa application can be prepared and lodged within a week if the couple is eligible and the core documents are available. Identity documents, the sponsor's details, the relationship history and a first set of evidence are needed for lodgement. Further evidence, health examinations and police certificates can usually follow after lodgement. Speed must not come at the cost of accuracy, because what is said at lodgement is permanent. Our partner visa checklist lists the core documents.

What could stop me lodging before my visa expires?

The issues that could stop a valid lodgement before expiry include condition 8503 on the current visa, a de facto relationship of less than 12 months that is not registered and does not fall within an exception, and an earlier refusal or cancellation that engages section 48. Each needs to be identified in the first conversation, not discovered afterwards. Registering a de facto relationship can satisfy the 12-month exception, but registration is handled by state and territory registries with their own processes, so it rarely helps when only days remain. Our article on the partner visa 8503 waiver explains the most common obstacle.

What happens to my bridging visa after lodgement?

A Bridging visa A granted with a valid Subclass 820 application usually comes into effect when the current substantive visa ends and lets the applicant remain in Australia lawfully while the application is decided. A Bridging visa A ends if the holder leaves Australia, so travel should be planned with a Bridging visa B. Our article on the partner visa on a bridging visa explains its effect and conditions.

What if I cannot lodge before my visa expires?

If the application cannot be lodged before the visa expires, the applicant becomes unlawful and any later Subclass 820 application must meet Schedule 3 criteria or obtain a waiver. In some cases, an offshore Subclass 309 is the better plan. Our page on Schedule 3 waivers and our page on the Subclass 309 visa explain both options.

How does My Migration Lawyers act when a visa expires next week?

My Migration Lawyers checks the expiry date, visa conditions and visa history at the first consultation, then prepares and lodges a valid Subclass 820 application before the deadline with the evidence available, and adds the remaining evidence afterwards. The firm confirms the Bridging visa A grant and sets out what the couple must provide next. Anyone with a visa expiring within days should request a consultation with our partner visa lawyers straight away.