Can You Stay in Australia While Waiting for an 820 Partner Visa? Bridging Visa Explained

Can you stay in Australia while waiting for a Subclass 820 Partner visa? In the ordinary case, yes — if you lodge a valid onshore Partner visa while holding a substantive visa, Home Affairs says you will generally be granted a Bridging Visa A (BVA). The BVA usually comes into effect when the current substantive visa ceases and keeps you lawful while the Partner visa is being processed.

The answer can be different if you did not hold a substantive visa when you applied, if you have a previous refusal or cancellation, or if there is another legal barrier to an onshore application.

Your current visa normally remains in effect first

Lodging the Partner visa does not usually cancel the substantive visa you already hold. Until that visa ceases, its conditions continue to apply. Home Affairs explains that the BVA comes into effect when the substantive visa ceases, unless another commencement rule applies.

A Bridging Visa A keeps you lawful while the application is pending

Home Affairs describes the BVA as a temporary visa that generally allows a person to stay in Australia after their current substantive visa ends while a new substantive visa application is being processed.

The Subclass 820 page specifically states that an applicant who held a valid substantive visa when applying for the Partner visa was granted a BVA and can stay in Australia on it while the application is processed.

Can you work on the bridging visa?

Work rights depend on the conditions of the BVA actually granted. Do not assume that every bridging visa has the same work conditions. Check the grant notice and VEVO.

We have a separate guide to Partner Visa bridging visa work rights.

Can you travel overseas while waiting?

A BVA does not provide a right to leave and return to Australia. Home Affairs states that if a BVA holder wants to travel and return while the substantive visa application remains under consideration, they generally need a Bridging Visa B before departure.

Leaving Australia while a BVA is in effect can cause that BVA to cease. Travel should therefore be planned against the actual visa status rather than assumptions.

What if you apply without a substantive visa?

That is a more complex situation. A person who is unlawful or holds only a bridging visa may face Schedule 3 or other application issues. See our guide: Can you apply for a Partner visa if you are unlawful?

Case example

A student visa holder lodges a valid 820/801 application two months before the student visa expires. They remain on the student visa and must follow its conditions until it ceases. The granted BVA then comes into effect and keeps them lawful while Home Affairs processes the 820 application.

What if your current visa has a No Further Stay condition?

A No Further Stay condition can prevent an onshore visa application unless the law permits the application or a waiver is obtained where available. Do not assume that a BVA will solve a No Further Stay problem after lodgement; the validity of the substantive Partner visa application must be addressed first.

The key point

A valid onshore Partner visa application can provide continuity of lawful status through a bridging visa, but the details depend on the visa held at lodgement and any restrictions in the applicant’s immigration history.

Need advice before your current visa expires?

Contact Emigrate Lawyers if your current visa is close to expiry or you are unsure which bridging visa will apply after lodging an 820/801 application.

This article provides general information only and is not legal advice. Australian migration law and policy can change, and the outcome of a Partner visa matter depends on the individual facts.